Case Note & Summary
The petitioner, Shahada Taluka Cooperative Education Society, was registered under the Cooperative Societies Act in 1952 and later under the Bombay Public Trust Act, 1950. On 16 March 2011, respondent no.1 submitted an application under the Right to Information Act, 2005 seeking information from the society. The petitioner rejected the application on the ground that it is not a 'public authority' under the RTI Act. Respondent no.1 appealed to the Assistant Registrar, Cooperative Societies (respondent no.2), who allowed the appeal holding that the society is a public authority. The petitioner then appealed to the State Information Commission, which dismissed the appeal. The petitioner filed a writ petition challenging both orders. The High Court examined whether the society falls within the definition of 'public authority' under Section 2(h) of the RTI Act. The court noted that the society is registered under the Cooperative Societies Act and the Bombay Public Trust Act, and is substantially financed by the government. The court held that the society is a public authority under the RTI Act and is duty-bound to provide information. The court dismissed the writ petition, upholding the orders of the appellate authority and the Information Commission.
Headnote
A) Right to Information - Public Authority - Definition under Section 2(h) of RTI Act - Cooperative society registered under Cooperative Societies Act and Bombay Public Trust Act is a public authority - The court held that the society, being substantially financed by the government and performing public functions, falls within the definition of public authority under Section 2(h) of the Right to Information Act, 2005, and is duty-bound to provide information. (Paras 1-10)
B) Right to Information - Jurisdiction of Information Commission - Appeal against denial of information - The State Information Commission has jurisdiction to entertain an appeal against the society's refusal to provide information, as the society is a public authority under the RTI Act. (Paras 6-10)
Issue of Consideration
Whether a cooperative education society registered under the Cooperative Societies Act and the Bombay Public Trust Act is a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and whether the State Information Commission has jurisdiction to entertain an appeal against the society's refusal to provide information.
Final Decision
Writ Petition dismissed. Orders of the appellate authority and State Information Commission upheld. Petitioner society is a public authority under Section 2(h) of the Right to Information Act, 2005 and is duty-bound to provide information.
Law Points
- Public authority under RTI Act includes bodies owned
- controlled or substantially financed by government
- Cooperative society registered under Cooperative Societies Act and Bombay Public Trust Act is a public authority
- Information Commission has jurisdiction to entertain appeal against denial of information
Case Details
2013 LawText (BOM) (12) 38
Writ Petition No. 715 of 2013
Shri S.U. Choudhary with Shri N.N. Desle for Petitioner, Shri Milind Patil for Respondent No.1, Shri S.M. Jadhav, A.G.P. for Respondent No.2
Shahada Taluka Co-operative Education Society, Shahada, through its Chairman, Shri Mohlal Fakira Patil
Shri Kalyan Sajan Patil, State of Maharashtra through Assistant Registrar, Co-operative Societies
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Nature of Litigation
Writ petition challenging orders of appellate authority and State Information Commission holding petitioner society as public authority under RTI Act.
Remedy Sought
Petitioner sought quashing of the order dated 23.5.2011 passed by the appellate authority and the judgment dated 27.12.2012 passed by the State Information Commission.
Filing Reason
Petitioner society refused to provide information to respondent no.1 under RTI Act on the ground that it is not a public authority.
Previous Decisions
Appellate authority allowed appeal of respondent no.1 holding society as public authority; State Information Commission dismissed petitioner's appeal.
Issues
Whether the petitioner society is a 'public authority' under Section 2(h) of the Right to Information Act, 2005?
Whether the State Information Commission has jurisdiction to entertain an appeal against the society's refusal to provide information?
Submissions/Arguments
Petitioner argued that it is registered under Cooperative Societies Act and Bombay Public Trust Act, and does not fall under definition of 'public authority' under RTI Act.
Respondent no.1 argued that the society is substantially financed by the government and performs public functions, thus is a public authority.
Ratio Decidendi
A society registered under the Cooperative Societies Act and the Bombay Public Trust Act, which is substantially financed by the government and performs public functions, falls within the definition of 'public authority' under Section 2(h) of the Right to Information Act, 2005, and is obligated to provide information sought under the Act.
Judgment Excerpts
The petitioner society is registered under the Cooperative Societies Act and the Bombay Public Trust Act, and is substantially financed by the government, thus falls within the definition of 'public authority' under Section 2(h) of the RTI Act.
The State Information Commission has jurisdiction to entertain the appeal against the society's refusal to provide information.
Procedural History
Respondent no.1 applied for information under RTI Act on 16.3.2011; petitioner rejected on 17.3.2011; respondent no.1 appealed to Assistant Registrar (Appeal No.1 of 2011) which was allowed on 23.5.2011; petitioner appealed to State Information Commission (Appeal No.669 of 2012) which was dismissed on 27.12.2012; petitioner filed Writ Petition No.715 of 2013 in Bombay High Court which was dismissed on 19.12.2013.
Acts & Sections
- Right to Information Act, 2005: Section 2(h)
- Maharashtra Cooperative Societies Act:
- Bombay Public Trust Act, 1950:
